2011 (6) TMI 486

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....eir factory by the Central Excise officers when the stock taking of cenvated raw material and finished products was conducted, shortage of 9.790 M.Ts of bars and flats (raw material) and 32.121 M.T. of ERW Pipes (finished goods) was detected. The total duty involved on the shortage of Cenvat credit availed raw materials and finished products was Rs. 95,447/-. Shri Narain Dass, Director of the M/s. Citizen Pipes (P) Ltd. was present at that time. On inquiry being made by central excise officers, he in his statement dated 30th April, 2004 stated that he accepts the shortage of the raw materials and finished goods, that he satisfied with the manner of stock taking, that he is ready to deposit the duty on the goods found short, that the raw mat....

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....against this order of the Commissioner (Appeals) that the Revenue has come in appeal with the plea that in view of the role played by Shri Narain Dass, Director of M/s. Citizen Pipes (P) Ltd., penalty under Rule 26 should have been imposed on him. 2. Though a notice of hearing had been sent to the respondent well in time, today when this matter was called, no one representing him appeared. Hence under Rule 21 of CESTAT Procedure Rules, matter against the respondent has been decided with ex parte. 3. Heard Shri S.K. Bhaskar, the learned Departmental Representative, who reiterating the grounds of appeal in Revenue's appeal, pleaded that the Commissioner (Appeals)'s order not imposing any penalty on the respondent - Shri Narain....